Feds take aim at alleged Laytonville grower

Federal agencies have apparently decided to prosecute Matthew David Graves, 54, of Laytonville, again for conspiracy and intent to distribute marijuana following a series of search warrant finds.

The charges were filed in December against Graves in US District Court of Northern California. He was released on $500,000 bond, while awaiting trial.

This is Graves' second federal prosecution. He spent 51 months in prison for a 1995 federal marijuana cultivation and money laundering conviction.

Graves' luck at the state level has been better. He was acquitted in 2011 on state marijuana charges stemming from a 2008 search of his Bell Springs properties. Graves was convicted at that trial for being a felon in possession of ammunition and resisting arrest, and was sentenced to probation with the special condition he was to possess only sufficient marijuana for his personal medicinal use. He also was advised he was responsible for patrolling and monitoring his lands to ensure they were not being used by others to grow marijuana.

These two new federal charges could land Graves with a 40-year prison sentence, lifetime supervised release, a $5 million fine, plus a host of asset forfeitures. The minimum allowed term is five more years in federal prison. The courts have already filed forfeiture papers to acquire four Mendocino County properties allegedly owned by Graves and a Toyota Tundra.

So far, Graves is the only person charged in this case.

Graves was arrested in December after DEA and IRS agents along with county deputies and probation officers conducted a probation search of four properties owned by Graves (now up for forfeiture) in the Bell Springs Road area November 8, 2012. At one site agents found indoor grow areas with 635 plants. Graves youngest son was "tending marijuana plants" when he was detained by agents. The older son arrived at the grow area shortly after agents arrived at the scene.

Agents also told the court they found a .308 caliber rifle behind the seat of a white Ford truck registered to Matthew Graves parked in front of the grow house and ammunition for the rifle.

Inside Graves' residence, agents found 6 pounds of bud and shake. Racks loaded with drying marijuana were located in the kitchen, storage areas and bathroom. A Twister marijuana trimming machine was hooked to a diesel generator on the back porch of an outside shed.

In the other parcels, agents advised the court they found areas believed to have been used for drying, trimming and packaging marijuana. Their conclusions were based on the setup and the marijuana shake and residue littering the floors and work surfaces.

The current criminal prosecution does not appear to be based solely on these findings, but also references a laundry list of past searches conducted on these properties.

The earliest referenced raid occurred in March 2008, when federal agents were part of a search of Graves' property. In federal court documents, DEA Special Agent Carlos Alfaro states 1,345 marijuana plants were seized at that time "growing in two large indoor grow structures."

In October 2008 a Campaign Against Marijuana Planting team eradicated several outdoor marijuana gardens totaling 1,200 plants on properties owned by Graves. Resulting from the CAMP find, the Mendocino County Sheriff's Office with the aid of the DEA raided the rest of Graves' properties in November 2008.

That search yielded another 50 pounds of pot, 63 still growing plants and "digital scales, vacuum sealers, plastic bags as well as substantial quantities of processed marijuana in the residence of Matthew Graves."

Also on the property agents found "large quantities of outdoor marijuana cultivation supplies" and "two dedicated marijuana growing structures." Agents found an area "being constructed for the purpose of indoor marijuana cultivation" on an adjacent parcel also belonging to Graves, There were "structures equipped for marijuana cultivation, featuring extensive electrical systems powered by industrial generators, hanging light structures, potting soil, fertilizer and ventilation systems."

Agents interviewed Graves' two sons (at the time aged 18 and 17). The youngest admitted he had been trimming plants for three weeks before the raid. He also admitted they had been growing marijuana on the property since he could remember, with the exception of the time his father was away in prison.

The three searches conducted in 2008 were the basis for state marijuana cultivation charges filed that year in local court against Graves. A Mendocino County jury found him not guilty of the charges when he eventually went to trial in 2011.

Federal and state agents returned to the Graves' properties in August 2009, this time with a federal warrant. Graves was still on bail awaiting trial on the earlier state charges. During this raid, agents seized 166 marijuana plants.

After a jury failed to convict Graves of pot cultivation charges in 2011, the charges stemming from the 2009 raid were quietly dropped.

In October 2010, the oldest son, William "Billy" Graves, then age 19, was shot in the face and torso by unknown assailants during an argument over marijuana near the family property on Bell Springs Road. Billy recovered from his wounds.

A transient, Leberado Lopez Ramirez, 35, was initially sought for the shooting, but was thought by law enforcement to have escaped to Mexico.